How can I have the charges dropped for a DV accident?
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How can I have the charges dropped for a DV accident?
My BF got charged with domestic
violence.I do not want to press
charges but the DA is picking them
up,now I am subpoenaed to testify
in court.What can I do? Please
help
Asked on June 24, 2019 under Criminal Law, California
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
You can't just not show up. A subpoena is a direct order from the court for you to appear at the place and time specified. If you ignore it you can be held in contempt. If that happens, a warrant for FTA (failure to appear) can be issued for your arrest and you can face fines and/or jail time.While victims may try to refuse to testify by invoking the Fifth Amendment (i.e. the right against self-incrimination), this right can't be invoked just because they do not want to testify. This right only applies if their own testimony would cause them to incriminate themselves. A witness who refuses to testify can also be held in contempt of court and arrested and jailed and/or fined.
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
You can't just not show up. A subpoena is a direct order from the court for you to appear at the place and time specified. If you ignore it you can be held in contempt. If that happens, a warrant for FTA (failure to appear) can be issued for your arrest and you can face fines and/or jail time.While victims may try to refuse to testify by invoking the Fifth Amendment (i.e. the right against self-incrimination), this right can't be invoked just because they do not want to testify. This right only applies if their own testimony would cause them to incriminate themselves. A witness who refuses to testify can also be held in contempt of court and arrested and jailed and/or fined.
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